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The IRS recognizes the Boy Scouts
of America National Council as tax exempt under IRS
Section 501(c)(3). Through an IRS-granted group exemption,
this status is extended to local councils and council
trust funds. The tax exempt status of the Boy Scouts
of America does not extend to, nor include, any Scout
packs, troops, crews or other units, and no Scout units
may be included within the BSA group exemption for
the National Council. They are not subordinate organizations,
and this is an IRS restriction.
Units must obtain their own Employer
Identification Number (EIN) or use the EIN of the chartering
organization. Under no circumstances can a unit use
either the EIN of the council or the BSA's group exemption
number for purposes of gifts, federal taxes, or other
related purposes. If a unit's chartering organization
is tax exempt, and it allows the unit to use its EIN
(or includes the unit under their group exemption),
the unit could then be considered tax exempt as a subordinate
of that organization. Gifts to the unit would be tax
deductible as gifts to the chartering organization.
Also, units should not apply for
their own independent tax exempt status. Article XI
or the BSA Charter and Bylaws states that "Contributions
shall be solicited in the name of the Boy Scouts of
America only through or by the authority of the Corporation
and shall be limited to the National Council or chartered
local councils...." Also, the BSA Rules and Regulations
vests in each council power to "control the raising
and expenditure of all funds for local Scouting work
in their jurisdiction."
IRS
Form SS-4 (pdf) is used to request an
employer ID number from the IRS. This is needed
to open
a bank
account for a Scouting unit unless the unit is
allowed to use the EIN of the chartering organization
(see above).
IRS
instructions for Form SS-4 (pdf).
Additional instructions for BSA units (pdf).
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